July 19, 2016

Minutes of the Centerville City Council meeting held Tuesday, July 19, 2016 at 7:00 p.m. at Centerville City Hall, 250 North Main Street, Centerville, Utah.


Mayor                           Paul A. Cutler

Council Members        Tamilyn Fillmore
William Ince
Stephanie Ivie
George McEwan
Robyn Mecham

STAFF PRESENT        Steve Thacker, City Manager
Jacob Smith, Assistant to the City Manager
Lisa Romney, City Attorney
Cory Snyder, Community Development Director
Paul Child, Centerville Police Chief
Katie Rust, Recording Secretary

STAFF ABSENT        Blaine Lutz, Finance Director/Assistant City Manager

VISITORS            Chad Wilson, Division of Wildlife Resources
Jeff Bassett, South Davis Metro Fire Chief
Interested citizens (see attached sign-in sheet)

PLEDGE OF ALLEGIANCE    Kyle Summer, BSA Troop 261

PRAYER OR THOUGHT    Councilwoman Mecham


Rhonda Perkes – Representing Congressman Chris Stewart’s office, Ms. Perkes thanked the Centerville City Council for their work, and stated that the Congressional office staff would be happy to help with any Federal issues that come up.  She reported that Congressman Stewart’s office is sponsoring a school supplies drive for school age refugees.  Information on the school supplies drive is available on the Congressman’s website.  Congressional office staff are scheduled to open a mobile casework office at the South Branch Library in Bountiful on August 9th.  Ms. Perkes also stated that Youth City Councils will be invited to meet with the Congressman on August 23rd for a roundtable discussion.


The minutes of the June 21, 2016 work session and regular Council meeting were reviewed.  Councilwoman Fillmore pointed out a spelling error in the Council meeting minutes, and made a motion to accept both sets of minutes.  Councilman McEwan seconded the motion, which passed by unanimous vote (5-0).


a.    Approve Interlocal Cooperation Agreement between Davis County and Davis County Cities for UPDES General Permit – Resolution No. 2016-21
b.    Approve Public Improvements Deferral Agreement between the City and Gregory and Audrey Buttars for deferral of installation of certain public improvements related to property located
at approximately 160 North 600 East
c.    Correct and Amend City Fee Schedule regarding Culinary Water Rates – Resolution No. 2016-22
d.    Approve purchase of an F550 Ford truck from Ken Garff Ford in the amount of $34,502.10 and a 9’2” snowplow from United Sales and Service in the amount of $6,508.60 for the Parks

Councilwoman Fillmore made a motion to approve all items on the Summary Action Calendar, including Resolution No. 2016-21 and Resolution No. 2016-22.  Councilman Ince seconded the motion.  Referring to item (b) on the Summary Action Calendar, Councilwoman Ivie commented that 90-day notice seems a short amount of time to expect property owners to come up with the money for sidewalk installation.  Lisa Romney, City Attorney, responded that 90-day notice is standard.  The City is typically able to work with property owners and give as much notice as possible.  Mr. Thacker added that the Council can change the notice time period if desired.  The motion passed by unanimous vote (5-0).


Last fall the Council adopted an Urban Deer Control Plan with a trap and euthanize option that can be implemented between August 1 and December 31. In March of 2016 the Council was able to add a trap and relocate option, but was advised by the Division of Wildlife Resources (DWR) that trapping would not be practical at times of the year when food is readily available.  Steve Thacker, City Manager, presented an archery option for Council consideration, with the advantage that deer would not need to be lured into a trap.  The archery could be done with property owner consent and Police Chief approval.  Mr. Thacker reported that the DWR is increasing the relocation charge from $100 to $200 per deer.  In March the Council approved a 50/50 cost share arrangement, with property owners responsible for $50 of the $100 fee.

Chief Child described the thorough efforts that would be involved in ensuring the archery is done ethically and safely.  The Police Chief would be responsible for evaluating and appointing hunters on a case-by-case basis.  Councilman McEwan recommended restrictions require tree stand shots at a downward angle, and include no engagement over 40 yards.  Councilwoman Fillmore commented that the urban deer are so tame to human interaction she imagines archers will easily be able to get close.

At 7:24 p.m. Mayor Cutler opened a public hearing.

Aaron Albiston – Mr. Albiston stated he is a pro-staff member at Wild Arrow Archery and a Centerville citizen.  He was the only volunteer authorized to use lethal force for urban deer control last December.  In the eight days allowed for the program in December 2015, he was able to kill and harvest three deer (two on Christmas Eve and one on New Year’s Eve).  He donated his personal time and equipment for the service.  Mr. Albiston said he enjoys and appreciates deer, but understands that control is necessary.  Responding to Councilman McEwan’s suggestion that archers take the shots from tree stands, Mr. Albiston recommended in August and September, when food is plentiful, archers be allowed to take open, ethical shots when opportunities present themselves, with scenarios defined by the Police Chief.  Councilman McEwan clarified that his suggestion would be to limit the possibility of a skipped shot, and Mr. Albiston agreed.

Doug Hancey – Mr. Hancey stated he lives in Centerville near the Rigby property.  He has spent hundred of dollars trying to protect his plants from deer, but the deer are still eating everything.  He encouraged the City to take advantage of some of the ethical options available to mitigate the urban deer problem.  He encouraged Council members to look at the problem from a public protection point of view, as well as the impact on citizens trying to supplement their food supply through gardening.

Marian Jensen – Ms. Jensen commented that deer seem to be everywhere, and she would appreciate anything the City can do to bring the urban deer population under control.

Bill Rigby – Mr. Rigby said the urban deer are a huge problem, and he is excited about the archery option.  The deer are not scared of people.  He stated he would appreciate any and all help to at least thin the herd.

The Mayor closed the public hearing at 7:38 p.m.  Chad Wilson with the DWR stated it is his understanding that the archery option has made a huge difference in Highland City.  Mr. Albiston stated he participated in the archery program in Highland, and explained the positive outcome resulting from the predator/prey situation.  Mr. Wilson commented that the earlier the City begins the program, the more confidence they can have that resident deer are targeted.

Mayor Cutler briefly reopened the public hearing, and Mr. Hancey encouraged the Council to consider the archery option over the trapping option.  He commented that setting the traps is time consuming and expensive, and archers would be able to eliminate the problem quickly.

Councilwoman Fillmore said she would prefer to give property owners multiple options by leaving the trapping option in place, and she would not be opposed to sticking with the 50/50 cost-share despite the increased cost.  Mayor Cutler agreed that multiple options give property owners flexibility.  Councilman McEwan stated he thinks archery will be the quickest and most successful option.  He is in favor with the condition that shots are ethical and safe.  Mr. Wilson advised that DWR regulations only allow residents to be charged up to $50 of the relocation fee, and relocation is not worth the time and expense if only a few deer are relocated.  Mayor Cutler suggested relocation could remain an option to be managed within constraints set by the DWR.

Councilman McEwan made a motion to approve proposed amendments to the City’s Urban Deer Control Plan to add archery as an approved method for lethal deer removal, and changing the language for the relocation option to indicate the City will pay $150 of the $200 per deer relocation fee, with applying property owners responsible for $50.  Councilwoman Ivie seconded the motion, which passed by majority vote (4-1), with Councilwoman Mecham dissenting.  Councilwoman Mecham said she knows something needs to be done, but she is looking into other options.


The Planning Commission has reviewed and recommended approval of the proposed amendments to the General Plan regarding bicycle and non-motorized paths and the Centerville Trails Master Plan Map.  Existing language in the General Plan discourages certain classes of bike lanes within the city.  The proposed amendments would update the Plan to be consistent with current goals of the Trails Committee.

At 7:56 p.m. Mayor Cutler opened a public hearing, and closed the public hearing seeing that no one wished to comment.

Referring to the Trails Master Plan Map, Councilman McEwan said he feels it would be asking for trouble to label Parrish Lane a bike trail going over the freeway overpass, encouraging bike traffic in the wrong place.  Mr. Thacker commented that the pedestrian bridge is10-feet wide to accommodate bike traffic as well as pedestrians.  Ms. Romney pointed out that the dashed line on the Map at Parrish Lane over the overpass is labeled a “proposed bike lane”, meaning the Trails Committee would like for Parrish Lane to have a designated bike trail at some point in the future.  Councilman McEwan responded that when UDOT is ready for an overpass rebuild they can look at the possibilities, but he would not want to include even a dashed line on Parrish Lane at this point.  As liaison to the Trails Committee, Councilwoman Mecham commented that the Trails Committee was asked to designate where they would someday like to have dedicated bike trails.  Mr. Thacker said the Parks and Recreation Director has given him the impression that a dedicated east/west bike lane on Parrish Lane is a high priority for the Trails Committee.

Councilwoman Fillmore made a motion to approve Ordinance No. 2016-21 as presented.  The motion died for lack of second.  Councilwoman Ivie expressed a desire for the Council to meet with the Trails Committee to discuss their vision.  She said she would also like to personally walk the pedestrian bridge and see how it feels.  Councilwoman Mecham said she agrees with updating the map, but would like the Council to meet with the Trails Committee to discuss what they want.  Mayor Cutler encouraged the Council to support the work done by the Trails Committee and pass the proposed Ordinance.  Councilwoman Ivie said that as a former liaison to the Trails Committee she feels the lines were drawn wherever without a lot of thorough consideration.  Councilman Ince stated he is extremely frustrated with bicyclists exercising equal right-of-way on roads.  He expressed the opinion that society is putting a lot of money into creating bike lanes, and no one uses them.  Mr. Snyder pointed out that Maverik is building a bicycle facility partially funded by the City as a trail connection on the corner of Parrish Lane and 1250 West.  He said he thinks most people recognize that the pedestrian bridge is shared-use, and advised the Council to remember State vehicle motor laws and the regional efforts and funding being put into improving alternative transportation safety.  Councilwoman Ivie stated she is not a biker, so it would be beneficial to meet with the Trails Committee to discuss how to present information to the biking community.  Mayor Cutler said he would like to include information in the City newsletter regarding safely sharing roadways.

Councilman McEwan stated he cannot support the proposed language because it includes encumbering new businesses with the expense of bike stands and other elements.  He expressed the opinion that a hobby should not become the responsibility of business owners to support.  Mr. Snyder responded that those elements are required in the Parrish Lane Guidelines and the Main Street Plan.  He said he gets the sense that an irritation is overriding the balance of decisions that have already been made.  Mr. Snyder reminded the Council that State laws are in place that govern bikers’ rights.  Ms. Romney pointed out that the proposed language only suggests the City should look at adopting zoning ordinances that are more specific to bike elements.   Councilwoman Mecham stated she trusts the Trails Committee, and would like the Council to meet with the Trails Committee for discussion and understanding.  Mr. Thacker commented that the Council already has work sessions scheduled for the next three months.  The Council supported the possibility of meeting with the Trails Committee during the Committee’s regular meeting in August.  Councilwoman Mecham made a motion to table approval until the Council has a chance to meet with the Trails Committee.  Councilwoman Ivie seconded the motion.  Chief Child confirmed that bicyclists are allowed on the roadways, but are required to obey every traffic law that a car has to abide by.  He agreed that mixing bicycle and automobile traffic on the overpass would not be a good idea, and added that there will be far less pedestrian traffic on the pedestrian bridge than automobiles on the overpass.  The Chief also pointed out that pedestrian and bicycle traffic is already mixed on the Legacy Parkway Trail.  The motion to table passed by unanimous vote (5-0).


In their goal-setting process earlier this year, the City Council agreed to consider the possibility of revising provisions of the Zoning Code regarding how sensitive lands are accounted for in determining the density of a residential development.  On June 22, 2016, the Planning Commission reviewed the proposed amendments to Section 12.12.040 of the Centerville Zoning Code regarding Definitions, including constrained land, developable land, and gross density, for purposes of calculating residential development density.  The Planning Commission does not have a recommendation on the proposed amendments because the motion to approve the proposed changes did not receive a majority vote of the Commission to pass.  Mr. Snyder explained that the proposed amendments would have very little practical application, and would not have prevented the development on the Hafoka property.  He explained that most remaining constrained land in the City is within the Hillside Overlay, already protected by the Hillside Plan.

The Mayor opened a public hearing at 8:36 p.m. and closed the public hearing seeing that no one wished to comment.  Councilman Ince said one of his goals as a Council member is to try to reduce the amount of regulation.  Based on the information presented, Councilman Ince proposed the Council not accept the proposed ordinance.  Councilman McEwan made a motion to deny Ordinance No. 2016-22.  Councilman Ince seconded the motion, which passed by unanimous vote (5-0).

The Council took a break at 8:40 p.m. returning at 8:53 p.m.


The Council discussed the request for a Waiver of Protest Agreement for the deferral of installation of sidewalk related to new construction on the property located at 200 North 500 East owned by Richard and Carol Carlson.  Mr. Thacker explained staff’s recommendation to require sidewalk for the property considering sidewalk has been required for several similar properties in the area in recent years.  Staff acknowledges the absence of sidewalk on either side of the property, but believes that realistically sidewalk will be put in gradually over time.  He stated that, if the Council is inclined to grant the Waiver, staff recommends requiring a Deferral Agreement in addition to the Waiver of Protest Agreement so that the only option is not just the creation of a special improvement district.  Staff also recommends the site be built in a way that preserves space for sidewalk in the future.  Mr. Thacker showed on a map the subject area where sidewalk has been installed since construction of the debris basin and removal of the area from the flood plain.

Carol Carlson, applicant, asked for clarification regarding the proposed Deferral Agreement.  Mr. Thacker explained that a Deferral Agreement allows the Council to require sidewalk to be installed if at some point the City decides it makes sense for the property.  The City currently holds similar deferral agreements with more than 40 property owners.  Ms. Carlson stated that considering the lack of sidewalk on surrounding properties, sidewalk would look silly.  She said they are happy to put it in when the rest of the neighborhood installs sidewalk.  Councilman McEwan expressed support for the Deferral Agreement, and stated he would like to increase the notification period from 90 days to at least 180 days because of the financial impact on property owners.  Mr. Thacker pointed out that situations could arise when the City would need to act sooner and would be unable to give 180 days notice.  Councilman McEwan suggested setting the notification period at 180 days, with the option for the City to act sooner with repayment by property owners deferred until the end of the 180 day period.

Councilwoman Ivie made a motion to approve a Waiver of Protest Agreement for the deferral of installation of certain public improvements related to new construction on the property located at approximately 200 North 500 East, subject to conditions listed in the staff report which includes requiring a Deferral Agreement – changing the 90-day notification period to a 180-day notification period as discussed.  Councilwoman Fillmore seconded the motion, which passed by unanimous vote (5-0).


Referring to the discussion held during the joint work session with the Planning Commission prior to the regular meeting, Councilman McEwan made a motion directing staff to give notice that a public hearing regarding Councilwoman Mecham’s suggestion of four-foot park strip and six-foot sidewalk along the South Main Street Corridor (SMSC) with no other elements will take place at the next Council meeting.  Councilwoman Ivie seconded the motion.  City Attorney, Lisa Romney, cautioned the Council about making a motion or discussing in substance a matter that is not listed on the agenda.  Councilwoman Fillmore expressed a desire to be respectful of the process and the time spent by the Planning Commission.  Councilwoman Fillmore also noted that a similar level of report and data are needed and feedback obtained for any new proposed plan.  Councilman McEwan explained the intent to offer two options on opposite ends of the spectrum for discussion and public comment.  Councilwoman Fillmore suggested including SMSC property owners in the discussion.  Ms. Romney suggested the Council direct staff to schedule this matter and provide notice of a public hearing for the August 2nd meeting.  After the public hearing on August 2nd, the Council can thereafter discuss this matter and provide direction to staff to prepare desired revisions and an ordinance for approval at the following meeting.  Councilman McEwan restated his motion directing staff to prepare graphics that will encompass an alternate plan for the SMSC Public Space Plan including a four-foot wide park strip and a six-foot wide sidewalk for review.  Councilwoman Ivie seconded the motion, which passed by unanimous vote (5-0).


Councilwoman Ivie made a motion to table this agenda item to a meeting in September.  Councilwoman Fillmore seconded the motion, which passed by majority vote (4-1), with Councilman Ince dissenting.


Councilman McEwan made a motion to award bids to Kapp Construction in the amount of $361, 704.40 for labor and to Oldcastle Precast in the amount of $16,828 (plus $1,194.79 tax) for materials for the Frontage Road Culverts Project.  Councilman Ince seconded the motion, which passed by unanimous vote (5-0).


•    Mayor Cutler said he anticipates a ribbon cutting ceremony for the pedestrian bridge in late August or early September when temperatures have cooled.
•    The Mayor reported he is making progress on obtaining remote controls for school crossing signs for crossing guards.
•    Mayor Cutler requested feedback from Council members regarding the recent 4th of July parade and celebration.
•    UTOPIA financial reports are available on NovusAgenda.


Councilwoman Fillmore reported that both the South Davis Recreation District Board and the Parks and Recreation Committee have had significant discussion regarding the lack of green sport fields available for soccer and other sports.  The Recreation District Board is beginning discussions with the School District regarding possible use of school fields.  The Parks and Recreation Committee is continuing the planning process for the Island View Park update.  Mayor Cutler suggested the Parks and Recreation Committee consider putting together screensaver-type screen shots advertising upcoming community events to be shown prior to Movies in the Park.  The Council discussed the possibility of allocating a portion of RAP Tax funds to Movies in the Park and the Whitaker Museum.


•    The Council reviewed their work session schedule for the next couple of months.
•    City Manager Thacker recognized Jacob Smith, Assistant to the City Manager, for completion of the Emerging Leaders Development Program.  Mr. Smith briefly reported on his experiences.


At 10:28 p.m. Councilwoman Ivie made a motion to adjourn the meeting, seconded by Councilman McEwan and passed by unanimous vote (5-0).

____________________________        ___08-02-2016_____
Marsha L. Morrow, City Recorder             Date Approved

Katie Rust, Recording Secretary

July 19, 2016 Work Session

Minutes of the Centerville City Council and Planning Commission joint work session held Tuesday, July 19, 2016 at 5:30 p.m. in the Centerville City Council Chambers, 250 North Main Street, Centerville, Utah.


Mayor                           Paul A. Cutler

Council Members        Tamilyn Fillmore
William Ince
Stephanie Ivie
George McEwan
Robyn Mecham


Chair                    David P. Hirschi

Commissioners        Kevin Daly
Cheylynn Hayman
Gina Hirst
Logan Johnson
Becki Wright


STAFF PRESENT        Steve Thacker, City Manager
Lisa Romney, City Attorney
Jacob Smith, Assistant to the City Manager
Cory Snyder, Community Development Director
Katie Rust, Recording Secretary

STAFF ABSENT        Blaine Lutz, Finance Director/Assistant City Manager


Chair Hirschi summarized direction given by the Council to the Planning Commission regarding proposed amendments to the South Main Street Corridor (SMSC) Public Space Plan, particularly concerning liability.  He described the Commission’s process of in-depth examination of the SMSC, which included discussions with a UDOT representative, the Police Chief, the City Attorney, and Wasatch Front Regional Council (WFRC) representatives.  Chair Hirschi stated that the Planning Commission’s primary focus has been on creating a more walkable Main Street.  He reported they were told by the UDOT representative that lane widths could be modified, bike lanes could be added, and cityscape furniture could be added to rights-of-way as long as certain criteria are met.  The Planning Commission has made an effort to refine the proposed Public Space Plan and provide a recommendation that would create a more active transportation corridor without undue liability and maintenance for the City.  Chair Hirschi reported that during public hearings citizens seemed mostly in favor of doing something to spruce up the corridor.  The recommendations from the Planning Commission were passed by majority vote of the Commission (5-2) on July 13th.

Commissioner Wright explained that the lengthy analysis and research results included with the Commission’s recommendation strongly support placing furniture elements in the rights-of-way, with safety concerns mitigated by using proper materials.  She expressed the opinion that the proposed Public Space Plan would encourage walkability along Main Street.  Commissioner Hayman reported that the WFRC representative referred to what has been done on Main Street in Logan, stating that something similar could be done in Centerville.  Chair Hirschi pointed out that one major change from the Commission’s earlier recommendation to the Council is for decorative light poles to remain in the park strips, but for trees to move back onto private property.  Street furniture and planter boxes that meet UDOT break-away requirements are included in the recommendation, as well as the addition of a stripe along each side of the street to create space between the curb and travel lanes between Parrish Lane and Pages Lane, for bicyclists.  The recommendation is for a symmetric street plan.

Commissioner Wright stated the UDOT representative recommended the City wait until UDOT rebuilds Main Street in 2018 to put significant funds into establishing bike lanes.  The Council and Planning Commission discussed bike lanes and the relationship between drivers and bikers sharing roadways.  Councilwoman Mecham said she rode in a vehicle with Randy Randall, Public Works Director, on Main Street north of Parrish Lane where UDOT added the stripe, and the driver found it difficult to stay out of the bike lane and far enough from oncoming traffic.  She mentioned that cyclists, walkers, and joggers tend to take up the full space provided, and suggested perhaps the traffic lane is too narrow and the bike lane too wide for sharing the road.  Councilman McEwan said he would like to see data used by UDOT to determine lane widths.  Mr. Snyder stated it is his impression that the Planning Commission would like bike lanes to be part of the SMSC Public Space Plan, whatever the lane width ends up being.  Mr. Thacker recommended the City Council get a recommendation from the City Engineer and Trails Committee about bike lane width on south Main Street, then make decision that can be provided to UDOT before they stripe that segment of Main Street. Commissioner Hayman stated the WFRC representative was pushing 11-foot automobile lanes to allow for 5.5-foot bike lanes.

Commissioner Johnson stated he did not vote in favor of the proposed amendments because he feels current zoning is not conducive to walkability, and he would not want to add to development costs for elements he feels are not a good match for existing zoning style.  Commissioner Daley agreed with Commissioner Johnson’s comments, and added that Main Street is the primary way to get north and south through the City.  He stated Main Street is an auto corridor that will never be Main Street in Bountiful.  Commissioner Daley commented that the majority of pedestrians on Main Street are junior high students going to and from school.  He does not anticipate major pedestrian traffic on Main Street, so he feels some of the proposed elements are unrealistic and unfeasible.  Commissioner Daly suggested the City should take more of a middle ground.  Councilman McEwan pointed out the size of the barricades between pedestrian traffic and automobile traffic on the Parrish Lane overpass, with a speed limit of 35 mph.  Main Street has a speed limit of 40 mph.  The Council and Planning Commission discussed the likelihood that the speed limit on Main Street would change in the future.

Councilwoman Ivie stated that this highway has been and is a through street, not a destination.  In response to Councilwoman Ivie’s point about how this corridor is used, Councilwoman Fillmore stated many citizens living in the SMSC area have told her they would like to be able to safely walk or ride bikes to the library, or other locations.  She said she feels the City should respect the residential neighborhoods behind the corridor and control speeds with built elements along the road.  Councilwoman Fillmore said she has felt a pressing need for a Public Space Plan to be in place with an entire block of the corridor ready for development.  Chair Hirschi commented that, while the Planning Commission has heard negative feedback from citizens regarding zoning changes on Main Street, they have not received a lot of negative feedback regarding the proposed Public Space Plan.

Councilwoman Mecham said she feels the City should examine the need for walkability on Main Street. She said she does not believe joggers on Main Street will stop and sit on a bench, and she would not want the junior high students to get in trouble for damaging street furniture.  Councilwoman Mecham said she visited with more than half of the property owners in the SMSC in the last two days, and most were upset that they did not know what was being proposed.  She said not one property owner could see any benefit to them with the proposed elements.  Councilwoman Mecham agreed the City needs a Public Space Plan, but said she is not sure benches and planters are a good idea.  She expressed concern that much of the corridor will never change and redevelop, so continuity would never happen.  Councilwoman Mecham said she likes the idea of six-foot sidewalks.  She said she would rather not have hard-space all the way to the street, and she does not like the proposed tall grasses.  Commissioner Hayman said she does not care if the Council changes the specifics of the elements, but pointed out that vertical elements are proven to improve safety.  Councilman McEwan stated he does not see a lot of incentive for a property owner to make the proposed improvements.  Mayor Cutler said he wants Main Street to be something Centerville can be proud of.  Councilwoman Ivie said she would be in favor of some kind of middle ground that does not put a financial burden on property owners.


Mr. Snyder briefly described the Planning Commission’s discussion regarding sensitive and constrained lands as they apply to density calculations.  He stated that most remaining constrained land within the City would be covered by the Hillside Ordinance.


Mayor Cutler adjourned the work session at 6:55 p.m.

_____________________________        _____08-16-2016______
Marsha L. Morrow, City Recorder                   Date Approved

Katie Rust, Recording Secretary